[HISTORY: Adopted by the Township Committee of the Township
of Kingwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-4-2021 by Ord. No. 21-20-2021]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Township of Kingwood of a general and permanent nature adopted by the Township Committee of the Township of Kingwood, as revised and codified and consisting of Chapters 1 through 132, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Township of Kingwood, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1979 Code of the Township of Kingwood, as amended and supplemented.
A.
A copy of
the Code has been filed in the office of the Township Clerk and shall
remain there for use and examination by the public until final action
is taken on this ordinance. Following adoption of this ordinance,
such copy shall be certified to by the Clerk of the Township of Kingwood
by impressing thereon the Seal of the Township, as provided by law,
and such certified copy shall remain on file in the office of the
Township Clerk, to be made available to persons desiring to examine
the same during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Township Committee to make them a part thereof,
shall be deemed to be incorporated into such Code so that reference
to the "Code of the Township of Kingwood" shall be understood and
intended to include such additions and amendments.
The Clerk of the Township of Kingwood shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Township Clerk as provided in § 1-2 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent
nature adopted and in force on the date of the adoption of this ordinance
and not contained in the Code are hereby repealed as of the effective
date of this ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance
adopted subsequent to May 6, 2021.
B.
Any right
or liability established, accrued or incurred under any legislative
provision prior to the effective date of this ordinance or any action
or proceeding brought for the enforcement of such right or liability.
C.
Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision or any penalty, punishment
or forfeiture which may result therefrom.
D.
Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance, brought pursuant
to any legislative provision.
E.
Any franchise,
license, right, easement or privilege heretofore granted or conferred.
F.
Any ordinance
providing for the laying out, opening, altering, widening, relocating,
straightening, establishing of grade, changing of name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place or any portion thereof.
G.
Any ordinance
or resolution appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the Township's
indebtedness.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.
The levy
or imposition of taxes, assessments or charges or the approval of
the municipal budget.
J.
The dedication
of property or approval of preliminary or final subdivision plats.
K.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
L.
Any ordinance
adopting or amending the Zoning Map.
M.
Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
A.
In preparing
the revision and codification of the Township's ordinances pursuant
to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive
changes were made in one or more of said ordinances. It is the intention
of the Township Committee that all such changes be adopted as part
of the Code as if the ordinances so changed had been formally amended
to read as such.
B.
In addition,
the changes, amendments or revisions as set forth in Schedule A[1] attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter
and section number references are to the ordinances as they have been
renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-7B, the chapters, parts and sections that were added, amended, adopted or repealed by the Code Adoption legislation in this Chapter 1, Article I, are indicated throughout the Code by the following history: [Amended (added, repealed) 11-4-2021 by Ord. No. 21-20-2021]. Schedule A, which contains a complete description of all such changes, is on file in the Township's offices.
C.
Nomenclature
changes. Throughout the Code, the following titles have been updated
as follows:
(1)
References
to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq., are updated
to N.J.S.A. 2A:58-10 et seq., Penalty Enforcement Law of 1999.
(2)
References
to the Map Filing Law (P.L. 1960, c. 141), N.J.S.A. 46:23-9.9 et seq.,
are changed to refer to N.J.S.A. 46:26B-1 et seq.
(3)
The term
“Township Treasurer” is changed to “Chief Financial
Officer.”
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Township of
Kingwood to be misrepresented thereby. Anyone violating this section
shall be subject, upon conviction, to one or more of the following
penalties: a fine of not more than $2,000, imprisonment for not more
than 90 days or a period of community service not exceeding 90 days,
in the discretion of the Judge imposing the same.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
[Adopted 5-19-1997 by Ord. No. 9-3-97]
A.
Maximum penalty.
(1)
For violation of any provision of the Code of the Township of Kingwood
or any amendments, modifications, revisions or additions thereto or
any other ordinance of the Township of Kingwood, unless a specific
penalty is otherwise provided in connection with the provision violated,
the maximum penalty upon conviction of the violation shall be by one
or more of the following: imprisonment in the county jail or in any
place provided by the Township for the detention of prisoners, for
a term not exceeding 90 days; or by a fine not exceeding $2,000; or
by a period of community service not exceeding 90 days (N.J.S.A. 40:49-5).
[Amended 11-4-2021 by Ord. No. 21-20-2021]
(2)
The court, before which any person is convicted of a violation, shall
have the power to impose any fine, term of imprisonment or period
of community service, or a combination thereof, not exceeding the
maximum penalties provided herein.
B.
Repeat offenses. Any person who is convicted of violating an ordinance
within one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance but shall be calculated separately from
the fine imposed for the violation of the ordinance. Each and every
day that a violation exists or continues shall constitute a separate
and distinct violation punishable in accordance with the fines and
penalties herein established.
